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2018 Supreme(MP) 113

HEMANT GUPTA
Uttarakhand Purv Sainik Kalyan Nigam Limited – Appellant
Versus
Northern Coal Field Limited – Respondent


Advocates Appeared:
For the Petitioner:Shri Vinod Kumar Dubey, Advocate.
For the Respondent:Shri Greeshm Jain, Advocate.

ORDER :

The petitioner seeks appointment of an Arbitrator to refer the dispute arising out of the agreement Annexure P-1.

2. The date of agreement is said to be 18th August, 2010 by the petitioner but in the reply filed, the stand of the respondent is that the said agreement is dated 21st December, 2010. The nature of the said agreement is that of principal letter of allotment under which many agreements were executed by many other parties, but in respect of the petitioner, an agreement was executed on 21st December, 2010 and the petitioner was to execute contract of security coverage at NCL HQ, Nigahi, Khadia, Jayant, Krishnashila and IWSS upto 30th June, 2011.

3. The petitioner served a notice of demand on 29th May, 2013 to seek an appointment of an Arbitrator in terms of agreement between the parties. The Arbitrator was not appointed but the petitioner sought invocation of jurisdiction of this Court by filing the present petition on 20th September, 2016.

4. Mr. Jain, learned counsel appearing for the respondent raised an objection that the present application filed by the petitioner is barred by limitation. It is argued that in terms of Section 43 of the Arbitration and Conciliation



































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